Criminal Law – Grievous Hurt – Section 326 IPC – Conviction Set Aside – Appellant convicted for grievously assaulting neighbour with a sharp weapon—Trial court held 307 IPC unproved but convicted under 326 IPC—High Court held: Prosecution failed to prove identity of assailant beyond reasonable doubt—Inconsistent testimony, lack of motive, and absence of cr...
Criminal Law - Acid Attack – Section 326A IPC – Conviction Based on Ocular and Medical Evidence – Upheld – Victim was attacked with acid by accused Umesh (Appellant No. 2) while Hakim and Gyani restrained her—Conviction based on consistent testimony of victim and eyewitness supported by medical and documentary evidence—Held: Findings of Trial Court and High Cour...
Crimnal Law - Section 138 & 141 NI Act - Negotiable Instruments – Quashing Set Aside - Vicarious Liability of Director – Complaint Must Disclose Responsibility for Company’s Affairs – High Court quashed criminal proceedings under Section 138 NI Act against a director on the ground of insufficient averments—Supreme Court reversed, holding that complaint sufficientl...
Criminal Law – Quashing - Drugs and Cosmetics Act – Testing of Non-Pharmacopoeial Drug – Disputed Factual Matrix – Quash Denied - The Company (A1) challenged the testing method used to declare ‘Omnigel’ as ‘Not of Standard Quality’ claiming non-compliance with 2008 departmental guidelines – Court held the testing method and applicability of Rul...
Suo Motu - POCSO Cases – Setting Up of Exclusive Courts – Implementation of Judicial Directives – Compliance Directed - The Court directed that each district with more than 100 POCSO cases must establish exclusive courts under a Central scheme with appropriate staffing and child-friendly infrastructure – Majority of States complied but high-pendency States (UP, WB, Bihar, T...
Criminal Revision - Domestic Violence – Shared Household – Relief under Section 18,19, 26, 36 of the Domestic Violence Act (DV Act) – 84-year-old mother alleged domestic violence by son and sought his removal from shared household – Magistrate allowed the prayer, but appellate court reversed the order citing pending civil suit and lack of direct evidence – Held: Relie...
Criminal Law - Anticipatory Bail – Conflicting Versions by Minor – FIR Under Section 376 IPC and Section 6 POCSO Act – Petitioner not named in initial FIR, which alleged rape by victim’s father—Later statement changed accusation to petitioner, a neighbourhood barber—Held: Considering conflicting versions of the victim and that petitioner joined investigation, cu...
Criminal Law - Dowry Death – Applicability of Section 304-B IPC – Conviction Upheld – The deceased died an unnatural death within 1 year and 4 months of marriage due to traumatic brain injuries – Consistent testimonies from father and brothers of the deceased established dowry harassment and monetary demands by the accused-husband – Held: Essential ingredients of Sect...
Criminal Law - Murder/Assault – Three Incidents – Culpable Homicide – Evidence Established – The appellants were involved in a series of assaults over a land dispute involving livestock, with the final incident leading to the death of the complainant’s father – Prosecution established three distinct incidents on 16.08.1983 through ocular and medical evidence &nd...
Bail Petition – Violation of Right to be Informed of Grounds of Arrest – Non-Compliance with Article 22(1) – Bail Granted – The petitioner challenged his custody citing violation of constitutional and statutory rights at the time of arrest – The Court found that the grounds of arrest were not communicated in writing as mandated under Article 22(1) and recent Supreme C...